The Critical Period1781-1789

(Era of the Articles of Confederation)

•Why a Confederation?

The New Nation• All people loyal to Britain are gone, so no

opposition to democratic thought.• Slavery Vs. Anti-slavery movement• Equality???

– Tenant farmers, Slaves, Women• Sovereignty of State Govts. = Republicanism• Indians are weak and vulnerable• Economic Issues = Debt from AmRev• Foreign Policy =

The Articles of Confederation

Basic Facts and Weaknesses

A of C

The Primary purpose was to unify the 13 states, but they DIDN’T want strong “National Govt” in control of them. The A of C established a “firm league of

friendship” amongst the states. All 13 states had to approve of the

document. The first article names this newly

independent country- The United States of America

A of C is flawed

• Because they limited the power of govt… they limited the ability to get things done.

One vote for each state Congress was powerless to raise and collect taxes Congress was powerless to regulate foreign and

domestic trade There was no Executive (President) to enforce acts

of Congress There was no National Court System Amendments to the document can only be made

with the consent of all the states

Threats to New Govt. Success

• Shays’ Rebellion – 1786, Massachusetts– Poor, backcountry farmers upset about

foreclosures and high taxes– Captain Daniel Shays organizes farmer to

marches on court houses– Aristocrats fund militia to stop marches– 4 killed; Shays arrested, but latter pardoned

• Significance:– Fear of “Mobocracy”– Calls for stronger central govt.

the Constitutional Convention

Philadelphia, Pennsylvania- 1787 7 states come to this meeting Original plan was to amend the A of C…

But, they decide to create a new Constitution.

Constitutional Convention

• In order to fix the weaknesses of A of C,

State Representatives met to discuss

creating a STRONGER “NATIONAL

GOVT.” = Rise of FEDERALISM.

Comparing the PlansThe Virginia Plan

Branches

Three - legislative, executive, and judicial. The legislature was more powerful, as it chose people to serve in the executive and judicial branches.

Legislature

Two houses (bicameral). The House of Representatives were elected by the people and the Senate was elected by the state legislatures. Representation based on Population.

OtherPowers

The legislature could regulate interstate trade, strike down laws deemed unconstitutional and use armed forces to enforce laws.

The New Jersey Plan

Branches

Three - legislative, executive, and judicial. The legislature appoints people to serve in the executive branch, and the executive branch selects the justices of the Supreme Court.

Legislature

One house (unicameral). States would be represented equally, so all states had the same power.

OtherPowers

The national government could levy taxes and import duties, regulate trade, and state laws would be subordinate to laws passed by the national legislature.

A New National GovernmentThe GREAT COMPROMISE – representation in Senate is equal

for each state; representation in the House of Reps. Is based on Population.

To Keep GOVT. from becoming TOO POWERFUL, separate the power into 3 branches, with CHECKS & BALANCES (each branch monitors the other).

3 Branches of Govt. – (leg., exec., jud.)

• Legislature: Makes the Laws

• Virginia vs. New Jersey Plans– The Great Compromise

• (aka – Connecticut Compromise)

• Executive: Enforces the Laws– Strong, Independent, Commander in Chief, appoints Judges.

– Chosen by Electoral College = state reps.

• Judicial: Interprets the Laws– Supreme Court

– Lower courts later created with presidential appointment of judges.

Dealing with the Slave Question

• 3/5ths Compromise– Slave pop counts towards voting & Fed. taxes– Capital city will be moved to the south

• Fugitive Slave Clause -allowed southerners to cross state lines to reclaim their "property."

• African slave trade to end in 1808.

• The "elastic clause" (Article I, Section 8) • "Congress shall have the power to… make all Laws which shall be

necessary and proper for carrying into Execution the foregoing Powers…"

• Nationalists wanted to giver broader power to the federal gov’t.

– States’ rights advocates wanted enumeration of powers to limitfederal government's power.

– Clause gave Congress the flexibility to meet the social and technological changes to come in the future.

• "Supremacy Clause“ = The Constitution became the "supreme law of the Land." – Federal power superceded state power.

Struggle for Ratification

Federalists vs. Anti-FederalistsFederalists supported the new constitution– The Federalist Papers (85 in all)– Federalist X by Madison is the most

famous – Convinced people to support the new Constitution

– ANTI – Federalists opposed the new constitution = Feared a strong National Govt.•Wanted a BILL OF RIGHTS

Why do the Federalists succeed?

• Four small states quickly ratified: DE, NJ, GA, CT – Constitution ("Great Compromise") favored small states in the

Senate• Next MD, SC, NH & Penn.• Massachusetts –critical debate

– The ANTI-Federalist said they would support the new Constitution if Federalists promised to pass the Bill of Rights.

• Virginia & New York = Important for large state support; sense of unanimous support

• Rhode Island & North Carolina – ratify after the Constitution was already put into effect.

The Experience of War

•America at the outbreak•Recruiting an Army

– challenges

•Civilians and the war• Loyalists

– Why?

• Slaves: fight vs. flight– Lord Dunmore and other offers

President Washington's Administration

• A. Washington unanimously elected president by the Electoral College in 1789

– Only Presidential nominee ever to be honored unanimously.

• 1. Many believe Congress was willing to give the presidency power due to Washington's immense respectability

• 2. Took oath of office on April 30, 1789 in temporary capital of New York City. – John Adams sworn in as vice president

• Precedence: Everything Washington did was a first; his actions set the standards for the future role of the president.

Washington's cabinet• 1. Consulted cabinet members (department heads) in order

to make decisions. • 2. Constitution does not mention a cabinet • 3. The cabinet has become an integral part of the

"unwritten constitution." • 4. In the beginning, only three full-fledged department

heads existed: – Secretary of State -- Thomas Jefferson– Secretary of the Treasury -- Alexander Hamilton– Secretary of War -- Henry Knox

– Edmund Randolph--Attorney General; became the 4th major cabinet member after passage of Judiciary Act of 1789.

• 5. Cabinet characterized by feud between Hamilton and Jefferson

Building the Nation Financially•Hamilton’s Plan

+ Assumption Plan+ Federal govt. should assume (take responsibility for)

every state’s war debt.

+ Establish good credit

+ Pay back debt

+ Issue bonds

+ Establish a National Bank•The debate and compromise

– Protective Tariff•Whiskey tax

Types of Taxes• Direct taxes = aimed at “directly” raising funds

– Head tax– Income tax– Property tax

• Excise taxes = tax on products manufacturedor sold within the country.– Whiskey– Cigarettes

• 1791 – Congress passes an Excise tax on Whiskey – leading to the whiskey rebellion.

Hamilton’s Plan• Protective Tariff = tax paid on imported goods

– Raises the price of imports– Makes domestic goods cheaper by comparison; helps

“Protect” American businesses.• Problems:

– Can raise the price on goods if the tariff is too high.– Can anger foreign merchants & lead to retaliation by

foreign countries = foreign tariffs/ cut off trade

• ***Revenue Act of 1789 created an 8% Protective Tariff on imports

National Bank• Bank of the United States

– Govt. owned stock in the bank & had govt. reps on the board of directors

– Federal Treasury will deposit surplus $$$• Loans would be given to help businesses

– Government would produce paper $$$ = creation of a national currency

• Bank of U.S. is charted for 20 years after debate between Hamilton & Jefferson

• Jefferson is a Strict Constructionist = word for word interpretation of Constitution

• Hamilton is a Loose Constructionist = use broad interpretation– “Elastic Clause” = gives Congress the power to pass

laws that are “necessary & proper” to run the govt.

Washington’s Highlights• Whiskey Rebellion (1794)

– Due to the Whiskey Tax, Penn. grain farmers and whiskey distillers began an armed revolt.

– Washington LED federal troops to stop it.– Showed the new govt. could keep order– Strengthened the validity of the Constitution

• Treaty of Greenville– Natives in Northwest (Ohio Valley) are

defeated & move west– new lands open for Amer. Expansion

Neutrality Proclamation of 1793

• G.B. & France go to war • Washington declares neutrality• U.S. continues free trade as neutral nation

Results: • Jefferson is mad Washington didn’t ask

Congress.• Citizen Genet French diplomat tries to gain US

support; violates Washington’s will• British start impressment of U.S. ships/sailors

Foreign Affairs• Jay’s Treaty (with Britain) -1794

– Eased tensions with Britain over:• impressment of U.S. citizens & ships • arming Indians with weapons

– Treaty created promises that weren’t fulfilled• Britain kept impressing

– Helped postpone war = leads to War of 1812

• Pinckney’s Treaty (with Spain) -1795– Sets up positive relations with Spain– US gets trade rights in New Orleans & parts of Florida– *** will create tensions with England; Spain is their

rival***

Washington’s Farewell Address• Set a precedent by not accepting the nomination

for a 3rd term.• Warned against the evils of Political Parties

– Witnessed the tensions between Jefferson & Hamilton.– Witnessed creation of Federalists & Republicans

• Warned against foreign alliances & getting involved in foreign (European) affairs.– Almost sucked into war– ***Creates an “ISOLATIONIST” foreign policy for

U.S. that lasts 100 years.***

Rise of Political Parties• Organized opposition seemed disloyal and against spirit of

national unity. • Factions had existed only over special issues: e.g. Tories &

Whigs, Federalists & Antifederalists. • But factions were not parties.• Jefferson & Madison first organized their opposition to

Hamilton only in Congress; did not anticipate creating a permanent, popular party.

• As their opposition to Hamilton grew, political parties emerged.

• By 1792-1793, two well-defined groups had crystallized: a. Hamiltonian Federalists b. Jeffersonian Republicans

• Our two-party system is largely owed to the clash between Hamilton & Jefferson.

Federalists• Emerged from the “federalists” of the

pre-Constitution period by 1793. • Believed in gov't by upper class • Distrusted the common people.

a. Regarded democracy as a "mobocracy" b. Believed democracy too important to be left to the people.

• Supported a strong central government a. Maintain law & order; crush democratic excesses (Shays’ Rebellion) b. Protect life & property of the wealthy.

• Federal gov't should encourage business, not interfere with it.

• Pro-British in foreign policy

(Democratic-)Republicans(A.K.A. Jeffersonians, Democrats, Republicans, Jeffersonian

Republicans…)******1800 – 1820******

• Advocated the rule of the people; government for the people a. Only people literate enough to inform themselves. b. Believed in the wisdom of the common people; “teachability” of the masses

• Appealed to middle class and the underprivileged --yeoman farmers, laborers, artisans, and small shopkeepers.

• Believed the best gov't was one that governed least. a. Bulk of power should be retained by the states. b. strict interpretation of Constitution = limit Fed. Govt.

• Jeffersonians themselves were primarily agrarians a. Insisted on no special privileges for special classes, especially manufacturers. b. Farming was an ennobling profession

• Believed in freedom of speech to expose tyranny.• Pro-French

-- Supported liberal ideas of the French Revolution.

Election of 1796

• A. John Adams, from Massachusetts, the Federalist candidate.

• B. Democratic-Republicans gathered around Thomas Jefferson

• C. Adams beats Jefferson 71 to 66 in the Electoral College– Jefferson, as runner-up, became vice president

• PROBLEM: They are from 2 different parties!!!

“Quasi War” with France • A. French see the Jay Treaty as violation of Franco-

American Treaty of 1778 - French warships seized about 300 U.S. merchant vessels by mid 1797- France refused to receive America's newly appointed envoy.

• B. XYZ Affair– Adams sent a delegation to Paris in 1797 (incl. John Marshall).– US delegates secretly approached by 3 French agents: "X,Y, & Z”)– French demanded a large loan and a bribe of $250,000 for the

“privilege” of talking to French foreign minister Talleyrand.– Negotiations broke down; Marshall came home—seen as a hero – War hysteria swept the U.S.

• Congress clamors for war, but Adams wants peace = Makes him appear weak

• 1800, U.S. negotiated with Napoleon (who was bent on European conquest)

Alien and Sedition Acts (1798)• 1. Purpose: Federalists passed a series of oppressive laws in 1798 to

reduce power of Jeffersonians and silence anti-war opposition

Alien Acts• a. Attack on pro-Jeffersonian "aliens”

• Most immigrants lacked wealth and were welcomed by Jeffersonians.

• b. Raised residence requirements for U.S. citizenship from 5 years to 14 years.

• c. President could deport "dangerous" foreigners.• e. Alien Acts never enforced but some frightened foreign agitators left

Sedition Acta. Anyone who impeded the policies of gov't or falsely criticized its

officials, including the president, would be liable to a heavy fine and imprisonment.

b. Direct violation of the 1st Amendment to the Constitution -- Federalist Supreme Court not interested in declaring it unconstitutional.

Virginia & Kentucky Resolutions, 1798 (Jefferson & Madison)

• Republicans believed Alien and Sedition acts were unconstitutional-- Process of deciding constitutionality of federal laws not yet defined

• Jefferson & Madison secretly created a series of resolutions -- As vice president Jefferson in awkward position; feared prosecution from Sedition Act

• Premise: States had right to nullify unconstitutional laws passed by Congress

• Aim not to break up the union but preserve it by protecting civil liberties. – Essentially a campaign issue to defeat the

Federalists

Compact theory• Popular among 17th c. English political philosophers (John

Locke)• 13 sovereign states created the federal gov't & had entered

a "compact“• Thus, national gov't was an agent or creation of the states.

• Nullification: Individual states were the final judges of whether a federal law was constitutional.

Result: • No other states passed the Jefferson & Madison

resolutions • Federalists argued the people, not the states, made the

original compact • Argued Supreme Court, not states, could nullify laws.• Significance: Later used by southerners to support

nullification and ultimately secession prior to Civil War.

The Jefferson "Revolution of 1800" (Election of 1800)

• Federalists split over going to war with France; biggest reason for Adam’s defeat

• Hamilton and "High Federalists" openly broke from Adams for his refusal to go to full-blown war against France

• Alien and Sedition Acts became a liability• Federalists swelled the debt in preparation for war with

France. – New taxes (incl. a stamp tax) were levied to pay the costs.

• B. Federalist mudslinging accused Jefferson of: 1. being an atheist (Jefferson really a deist) 2. robbing a widow and her children of a trust fund 3. fathering mulatto children by his own slave woman

• Jefferson defeated Adams: 73 to 65-- New York was the key: Aaron Burr narrowly turned NY toward Jefferson

• Problem: Jefferson tied with Burr, the vice presidential candidate, for electoral votes.

• a. House of Representatives had to break the deadlock b. Federalists wanted Burr; hated Jefferson c. Eventually, a few anti-Burr Federalists, refrained from voting and Jefferson became president (swayed by Hamilton; Burr now hated Hamilton)

• Significance: Peaceful change of power was revolutionary

–Transfer of power on a basis of an election that all parties accepted

The Federalist Legacy• A. Hamilton's financial plan • B. Washington established important

precedents for the presidency.• C. Federalists kept the U.S. out of war• D. Preserved democratic gains of the

Revolution and fended off anarchy. • E. Opposition party (Jeffersonians) resulted

in creation of two-party system.• F. Westward Expansion (Treaty of

Grenville and new western states)

Power Changes Hands - A Precedent

•Rise of political parties– Federalist beliefs

– Democraatic-Republican beliefs

• Interpreting the Constitution– Strict v. loose

Two Problem Elections

• 1796: Adams v. Jefferson– Electoral quirks

•Adams lowlights– Alien and Sedition Acts

• 1800: Adams v. Jefferson v. Burr– Electoral crisis?